TERMS OF USE (User Agreement)

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
This Agreement contains all of the terms and conditions between Medquestions.com, Pan Corporation. ("MedQuestions.com") and you ("Members") and governs the use of the services offered at by the MedQuestions.com Web site (the "Site"). By doing any search for a Member on the Site or using any other resources or information on the Site, Member agrees that (I) Member has read this Agreement and understands all of its contents and (II) Member accepts all the terms and conditions in the Agreement. By accessing and using this Site, you are hereby agreeing to be legally bound by the terms and conditions of this Member Agreement. If you do not agree with all of the following terms and conditions, please do not use this Site.

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review the terms and conditions periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions.

TERMS AND CONDITIONS:
MedQuestions.com connects Members
MedQuestions.com enables the connection between consumers seeking help ("Members") offering to provide educational services. MedQuestions.com provides a resource where Members can seek recommendations in all subjects covered by MedQuestions.com. Members agrees not to hold MedQuestions.com (or MedQuestions.com's agents, affiliates or employees, including the Pan Corporation) liable for any instruction, advice or services delivered which originated through the Site.

Online Transactions
Once Member has chosen and accepted the Member and payment has been made to MedQuestions.com, there is a binding contract implicit between the Member and MedQuestions.com. MedQuestions.com.com reserves the right to review the educational sessions for all purposes on behalf of the Members. MedQuestions.com reserves the right to suspend privileges to any Member not adhering to the policies of the Site.

Billing and Payment Policy
Members are obligated to pay prior to delivery of service. After a Member's answer has been chosen, you will be taken to a secure PayPal pay page where payment can be made. Upon completion of the payment transaction, you will immediately receive the answer or assistance that you have requested.

Guarantee
MedQuestions.com does not authenticate or guarantee in any way the accuracy of answers or assistance provided by other Members. Members are rated by other Members and their ratings as well as feedback from previous Members are made available to other Members for review. It is the sole responsibility of Members to specifically request what information they are in need of, if they require references and what level of detail they are requesting from the Member.  It is also the sole responsibility of Members to review feedback, profile and resume of the Member prior to purchasing their service. MedQuestions.com does not guarantee or endorse in any way feedback or ratings posted by prior Members.

Eligibility
Members must warrant that he/she is at least 18 years of age and possess the legal authority to enter into this agreement and to use the services offered on this Site in accordance with all terms and conditions herein. Our services are available only to individuals who can enter into legally binding contracts under the law. Without limiting the foregoing, our services are not available to minors. Members are not responsible for usage by, nor be responsible for the actions of, any minors who use your computer and/or account to access MedQuestions.com. Members should always supervise Member's children's use of the Internet. In addition, if Member resides in a country which is prohibited by law, regulation, treaty or administrative act from entering into trade relations with the United States or its citizens, Member may not use this Site.

If you are a partner or affiliate and your website is directed to children under 13 years of age, or if you have actual knowledge that your Site is used by children under the age of 13, your Site must be compliant with the children’s online privacy protection act (COPPA) and the COPPA Rule as issued by the Federal Trade Commission (FTC). 

Please be aware that if there are certain areas on the Site that may link to adult or mature content, User must be at least 18 years of age to access and view such areas.

Company does not assume any responsibility to the content of other websites that we link to.

Prohibited Use
The Site and services contained herein may be used to find, select, and connect with Members for the purpose of receiving or delivering healthcare education. No person may use this Site to recruit, solicit, or contact in any form Members for employment or contracting for a business not affiliated with MedQuestions.com without written permission from MedQuestions.com. Members must abide at all times by the rules posted herein. There will be zero tolerance to any obscenities, pornography and defamatory postings.

Resale of site is also prohibited. Members agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site or access to the Site without express written permission from Company.

Third Party Verification Services
MedQuestions.com does not make available to Tutors a third party verification service ("Verification Service"), which enables Members to provide verification of their credentials. Members must rely on their own review of posted feedback, ratings and credentials of Members and the choice of what Member to use is at the sole discretion of the Members. MedQuestions.com does not monitor in any way the information provided by Members but relies on the feedback of prior Members to endorse or eliminate Members. Furthermore, MedQuestions.com does not endorse or make any representations regarding the reliability of prior ratings and/or feedback.

Member Account, Password and Security
Member is entirely responsible for maintaining the confidentiality of any password and/or account number provided by MedQuestions.com for accessing the Site, and is fully responsible for all activities that occur under Member's password or account. Member agrees to immediately notify MedQuestions.com of any unauthorized use of Member's password or account or any other breach of security. MedQuestion.com will not be liable for any loss that you may incur as a result of someone else using Member's password or account, either with or without your knowledge. However, you could be held liable for losses incurred by MedQuestions.com or another party due to someone else using Members's account or password. You may not use anyone else's account at any time, without the permission of the account holder.

OWNERSHIP OF INTELLECTUAL PROPERTY
All site software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names (the "Material") are the property of MedQuestions.com, and/or its subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. MedQuestions.com hereby grants Members a personal, revocable, non-perpetual, non-exclusive, non-assignable and non-transferable license to use the Site provided that Member does not (i) copy, modify, create a derivative work of, reverse engineer, reverse assemble, decompile or otherwise attempt to discover any source code, (ii) modify or attempt to modify the Site in any manner or form. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of MedQuestions.com. Use of MedQuestions.com and/or its licensors' Material is only permitted with MedQuestions.com's express written permission. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.

COMMUNITY AREAS
To the extent that portions of this Site provide users an opportunity to post and exchange information, ideas and opinions (the "Postings") on bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities (the "Community Areas"), Member agrees to use these Community Areas only to send and receive messages and material that are proper and related to the particular forum. Please be advised that Postings do not necessarily reflect the views of MedQuestions.com. In no event shall MedQuestions.com assume or have any responsibility or liability for any Postings or for any claims, damages or losses resulting from their use and/or appearance on this Site. You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all information they contain and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information. By way of example, and not as limitation, Member agrees not to:

· Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
· Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information;
· Use the Site for any purpose, which is in violation of local, state, national or international law;
· Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party;
· Upload files that contain viruses, corrupted files, or any other similar software or Services that may damage the operation of another's computer;
· Advertise or offer to sell any goods or services for any commercial purpose on the Site, which are not relevant to the services offered on the Site;
· Conduct or forward surveys, contests, pyramid schemes or chain letters;
· Impersonate another person or allow any other person or entity to use Member's identification to post or view comments;
· Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited;
· Download any file posted by another Member that the Member knows, or reasonably should know, cannot be legally distributed through the Site;
· Restrict or inhibit any other Member from using and enjoying the Community areas;
· Post any personal information about Member; or
· Supply any information by Member or Member's household that is untrue or inaccurate.

You hereby authorize MedQuestions.com to use, and authorize others to use, your Postings in whole or in part, throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature. Without limiting the foregoing, MedQuestions.com will have the right to use and change the Postings in any manner that MedQuestions.com may determine. Additionally, MedQuestions.com may sweep its Community Areas periodically in its sole discretion.

 

MedQuestions.com does not allow Postings which contain:
· private or personal information which might identify a user;
· profanity or obscenities;
· personal attacks on other individuals;
· slanderous, defamatory, obscene, pornographic, threatening and harassing comments; and/or
· other information that MedQuestions.com deems in its sole discretion to be inappropriate for this Site.


The Community Areas may be used for noncommercial purposes only. Users may not post any information intended to promote and/or generate revenue for any third party business activity. Although MedQuestions.com periodically monitors the content posted on the Site, we cannot be responsible for the views or opinions expressed by third parties. Nonetheless, MedQuestions.com will make every effort to ensure that the Community Areas best serve the interests of all users and, therefore, MedQuestions.com reserves the right to refuse to post, edit, or delete messages that violate the above-referenced terms, as well as revoke the privileges of users who do not comply with such rules.

THIRD PARTY HYPERLINKS

The appearance of external hyperlinks and/or postcards generated by third parties does not constitute endorsement by MedQuestions.com, its subsidiaries or affiliates of the opinions or views expressed by these third party websites and MedQuestions.com does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained at these sites. Furthermore, MedQuestions.com is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. As such, neither MedQuestions.com nor its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. Finally, MedQuestions.com will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third party hyperlinked sites.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless, MedQuestions.com, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this agreement by you. MedQuestions.com reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with MedQuestions.com in asserting any available defenses.

DISCLAIMER AND LIMITATION OF LIABILITY

THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MedQuestions.com is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the information and material contained on this Site. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MEDQUESTIONS.COM, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY MEDQUESTIONS.COM OR ANY THIRD PARTY. Notwithstanding the foregoing, in no event shall MedQuestions.com's aggregate liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by the Member to MedQuestions.com, if any, in the twelve (12) month period prior to any dispute.

Members agrees not to hold MedQuestions.com, MedQuestions.com's agents and employees, officers, directors, or participants in MedQuestions.com's affiliate Service liable for any advice or services delivered which originated through the Site or was otherwise provided by a Member and releases all such persons from claims, demands and damages (actual or consequential) of every kind and nature, known and unknown, disclosed and undisclosed, arising out of or in any way connected with such disputes.

MISCELLANEOUS

This Agreement will become effective immediately upon any use by the Members of the Site and shall remain effective unless terminated by either party as provided hereunder. This Agreement contains the entire understanding and supersedes all prior understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally.

Member agrees that MedQuestions.com in its sole discretion, may terminate use of any service or link associated with the Site, and remove and discard any content within the Site, for any reason, including, without limitation, for lack of use, or if Company believes that User has violated or acted inconsistently with the letter or spirit of the TOSA.  Company may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice.  User agrees that any termination of access to the Site under any provision of this TOSA may be effected without prior notice, and acknowledge and agree that Company may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site.  Further, User agrees that Company shall not be liable to User or any third-party for any termination of User’s access to the Site.

 In the event of termination or expiration, the following sections shall survive: Ownership of Intellectual Property; Indemnification; Disclaimer and Limitation of Liability; Miscellaneous and Privacy Policy and Copyright Notice. If any provision of this Agreement is found to be illegal or unenforceable, the Agreement will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect. This Agreement and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the Laws of the State of New Jersey applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws), and jurisdiction for any court action in the State and County of New Jersey. Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail. Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.

PRIVACY POLICY AND COPYRIGHT NOTICE
MedQuestions.com's Privacy Policy located on the Site, as modified by MedQuestions.com from time to time, shall govern any disclosure or use of Member's personal information. MedQuestions.com's Copyright Notice is also located on the Site and shall govern the use of the intellectual property of third parties on the Site. The terms of the Privacy Policy and the Copyright Notice are hereby incorporated by reference and you are hereby bound by such terms when using this Site.

PRIVACY STATEMENT

MedQuestions.com has created this privacy statement in order to demonstrate our firm commitment to the privacy concerns of our users. We only ask you to provide information that we need in order to deliver the service you have requested. We do not share the information you give us without your explicit permission to do so. Your information is completely secure within our internal systems. The following discloses our information gathering and dissemination practices for this Web site: MedQuestions.com.

This site may contain links to other sites. MedQuestions.com is not responsible for the privacy practices or the content of any linked Web sites.

Services that Require Registration
Services will require registration which will include your name and password

MedQuestions.com reserves the right to review the all questions and answers for all purposes on behalf of the Members. Members must also create an account to become a MedQuestions.com Member. Registration for these services is required to facilitate customization of your individual results.

Please note, if you do not logout once registered for services that require registration, other users may view some of your personal information if they have access to your computer.

We need to collect this personal information from you for specific reasons. Our site's registration form may require users to give us contact information (like their name and address), unique identifiers (like their email address or password). You will need to choose a secret password so that you can keep the personal information that you enter on MedQuestions.com private. If you are a tutor, we reserve the right to request more extensive information, such as address and educational history, for use in creating your profile. All information you provide, including your email address is uniquely identifying and is not shared with anyone outside MedQuestions.com, unless you first give us your permission.

MedQuestions.com is committed to fully complying with the Children's Online Privacy Protection Act of 1998. Anyone under the age of 18 must have parental permission to use this site and we encourage parents to discuss with their kids restrictions regarding the online release of personal information to anyone they don't know.

Cookies
Cookies are information files that your Web browser places on your computer when you visit a Web site. MedQuestions.com is able to access only the cookies that it sets on your computer. MedQuestions.com collects information in the aggregate in order to improve access to our content based on our visitors' browsers and operating systems. Cookies cannot be used to find anything uniquely identifying about you unless you provide that information. We use cookies for those services we referred to earlier that require us to keep track of information to customize results.    

Payment Security
All credit card transactions on MedQuestions.com are processed by PayPal, an industry leader in providing reliable, secure, on-line payment services. Please visit www.Paypal.com for information concerning their Privacy and Terms of Service policies.

 Contacting the Web Site
If you have any questions, comments or concerns about MedQuestions.com's privacy policy, the practices of this site, or your dealings with this Web site, you can contact:

COPYRIGHT NOTICE

MedQuestions.com's management and personnel respect the copyright and intellectual property rights of others. Our Members are expected to respect those rights as well. MedQuestions.com may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, MedQuestions.com may terminate the accounts of Members who appear to infringe the copyright or other intellectual property rights of others.

If you believe that your copyright in any material has been infringed on MedQuestions.com's site, please notify MedQuestions.com immediately.

Any and all original works displayed on the MedQuestions.com website remain the sole property of MedQuestions.com. Any duplication, reproduction or dissemination of original material, without express written permission from MedQuestions.com, is strictly prohibited and violators will be persecuted to the fullest extent of the law.

Relationship to third party sites

MedQuestions.com, makes no claim whatsoever to any Intellectual Property, Copyright or Trademark rights of any third party whatsoever. MedQuestions.com is not responsible for the accuracy or reliability of any opinion, advice or statement on any third party site that is included in any link from MedQuestions.com's Web site. MedQuestions.com is not responsible for and does not adopt or endorse in any manner whatsoever any of the opinions or points of view of any third party sites that are included from any link from the MedQuestions.com Web site. All trademarks remain the property of their respective companies